Can I get Social Security spousal benefits from ex-husband's police pension while receiving survivor benefits from second husband?

Unfortunately, you generally cannot receive both survivor benefits from one spouse and any type of benefit from another spouse (or ex-spouse) at the same time. Social Security typically pays the higher of the two benefits, not both. However, there's more to consider in your situation: 1. Your ex-husband's government pension may be subject to the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) if he didn't pay into Social Security during his firefighter career. 2. For ex-spouse benefits, you would need to have been married at least 10 years before divorcing (which you were at 15 years). 3. You might have options to switch between benefits if one would be higher at different points in time.

This is a complex situation that requires understanding several Social Security rules. Here's what you need to know: 1. You're currently receiving survivor benefits from your second husband. These will continue as long as you don't remarry before age 60 (which isn't an issue since you're already 64). 2. Regarding your ex-husband, if he worked in a job that DIDN'T pay into Social Security (many state and local government positions don't), then GPO would likely reduce or eliminate any spousal or survivor benefits you might be eligible for from his record. 3. If he DID pay into Social Security alongside his government job, you could potentially claim ex-spousal benefits (up to 50% of his PIA) or ex-spouse survivor benefits (up to 100% of his benefit) when he passes away. 4. Important: You would only receive the HIGHER of the benefits you're eligible for, not both. I recommend calling SSA directly to verify your specific situation since government pension rules vary by state and employer.

Have you tried calling the SSA about this? I had to wait FOUR HOURS last time I called about my benefits!!! They keep cutting staff while more boomers retire. RIDICULOUS!! And then when you finally get someone they give different answers depending who you talk to. My neighbor was told 3 different things about her widow benefits by 3 different reps.

Just want to point out something nobody mentioned - if ur ex-husband is still alive, you can't claim ex-spouse survivor benefits anyway since he's not deceased. You could only potentially get divorced spouse benefits (the 50% thing they mentioned) but only if that amount is higher than what ur already getting from your 2nd husband. Most likely ur current survivor benefit is higher.

my husband worked for county government for 35 yr and they didnt take SS out of his checks. when i tried to get benefits on his record they told me about that GPO thing and i couldnt get barely anything. something about reducing my benefit by 2/3 of his pension amount which basically eliminated it completely. very unfair system.

There's one more scenario worth considering here. If your ex-husband paid into Social Security for at least 30 quarters (7.5 years) in addition to his government job, then the GPO might not apply to benefits you'd receive on his record. This is sometimes called the "30 and out" exception, but it's specific to certain situations. I'd recommend requesting an appointment with your local Social Security office where they can pull up all the relevant records. Bring your marriage and divorce certificates, as well as any information you have about your ex's employment history if possible. They can run calculations specific to your situation.

One more thing to consider - your age when taking benefits matters A LOT! If you take survivor benefits from your ex before your full retirement age (probably 66 and some months for you), they'll be permanently reduced. But if you wait until your FRA, you'd get 100% of what he was entitled to (assuming GPO doesn't wipe it out as others mentioned). Just something else to factor into your planning.

I'm dealing with a similar situation and wanted to share what I learned from my SSA appointment last month. The key thing is finding out whether your ex-husband's firefighter position was covered by Social Security or not. In my case, my ex worked for a city fire department that DID pay into Social Security, so GPO wouldn't apply to any benefits I might receive on his record. Here's what the SSA representative told me to do: Contact your ex-husband's HR department (or pension administrator) and ask if Social Security taxes were deducted from his paychecks throughout his career. Some firefighter positions are covered by Social Security, others aren't - it varies by state and municipality. You can also check if he has a Social Security statement showing earnings from those years. If his job WAS covered by Social Security, then you could potentially receive ex-spouse survivor benefits (up to 100% of his benefit) when he passes, assuming it's higher than your current survivor benefit. But remember, you'd only get the higher of the two, not both. The SSA rep also mentioned that even if you can't get benefits now, it's worth checking periodically as rules and your situation might change. Good luck with your research!

As someone new to navigating Social Security benefits, I found this discussion incredibly informative! I'm in a somewhat similar situation (divorced after 12 years, currently remarried) and had no idea about the GPO rules or how government pensions could affect Social Security benefits. One question I have after reading through everyone's responses: Is there a way to get a preliminary estimate of what benefits might be available before going through all the paperwork and appointments? It seems like there are so many variables (whether the job paid into SS, GPO calculations, benefit timing, etc.) that it would be helpful to know if it's even worth pursuing before investing time in gathering documents and scheduling appointments. Also, for those who have been through this process - about how long did it take from initial inquiry to getting a definitive answer from SSA? I'm trying to plan ahead like the original poster and wondering if this is something that takes weeks or months to resolve. Thank you all for sharing your experiences - this community has been so helpful in breaking down these complex rules!

I'm also new to this community and found this thread incredibly educational! As someone who will likely face similar decisions in the future, I wanted to thank everyone for sharing their experiences and knowledge. One thing that stood out to me from reading all the responses is how much the specifics of each person's situation can vary. It seems like the key factors are: 1) whether the ex-spouse's government job paid into Social Security, 2) the GPO rules and calculations, 3) timing of when to claim benefits, and 4) which benefit would be higher. For anyone else following this discussion, it sounds like the most important first step is to determine if the ex-spouse's firefighter/government position was covered by Social Security. As @Dmitry Ivanov mentioned, contacting the HR department or pension administrator directly seems like the best way to get that information. I'm curious - for those who have gone through this process, did you find that different SSA representatives gave you consistent information? @Axel Bourke mentioned getting different answers from different reps, which would be concerning when making such important financial decisions. Also, has anyone found it helpful to work with a financial advisor who specializes in Social Security claiming strategies, or is the SSA generally able to provide all the guidance needed?